A Federal Judge yesterday has ordered the
Pentagon to cease the dismissal of soldiers identified as homosexual, putting a
halt on the 17-year-running policy of “Don’t Ask, Don’t Tell” for military
personnel and their sexual preferences.
Californian US District Judge, Virginia Phillips has issued the injunction to stop the practice, just a month after she ruled that the law requiring homosexuals in the military to keep their sexuality a secret was against the constitution.
The new ruling bars the Department of Defense permanently from enforcing the 17-year-old law and it also compels Robert Gates, Secretary of Defense into suspending any current investigations or discharge proceeding currently under way.
The Obama administration has 60 days to appeal the law, but if they do, they will be in a tough position, because Obama has openly opposed the law on more than one occasion. If they do choose to appeal, no doubt it will be couched within the rhetoric of repealing the policy at a more convenient time, and in a more orderly manner; the administration has previously voiced concern about repealing the law while so many service men and women are on active duty.
Whether the government appeals or not, the injunction is considered ground-breaking. New York attorney and former Clinton special assistant on gay rights, Richard Socarides commented that, “it is almost unprecedented for a judge to issue such a sweeping and immediate injunction, which I think likely reflects the court’s view that the government’s position at trial was very weak.”
